Van Hollebeke v. Wheeler

Appellant exchanged a farm situated in Washington with respondent and another for a farm situated in Idaho. Incidental to the trade appellant mortgaged the Idaho land to respondent to secure the payment of two notes, — one given by the former to the latter for $750 and the other given by appellant to John McFeely for $800. The $800 note was sold and assigned by McFeely to respondent, who commenced this suit to foreclose the mortgage. Appellant filed an answer and counter-claim in which he alleged fraud was perpetrated by respondent and Mc-Feely, who was the real estate agent who acted for…